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TMI Blog2004 (2) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... ffence said to have been committed by the Custom House Agent at Tuticorin port and have suspended the licence issued at Chennai. It is the contention of the appellant that the Chennai licence cannot be suspended for alleged offence committed by the agent in terms of the licence issued at Tuticorin. It is also submitted that no suspension has been issued for the Tuticorin licence and there is no charge also made out for the said licence at Tuticorin. Hence the suspension of licence to Chennai is not sustainable. 2. We have heard counsel Smt. Prameela and DR Shri A. Jayachandran. 3. Counsel relied on the judgments rendered in the case of Swen Agencies Pvt. Ltd. v. CC, Tuticorin - 2003 (155) E.L.T. 545 which is an identical issue. She submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired to give a post-decisional personal hearing to the CHA on the question as to whether the suspension of the licence should continue or not. There can be no quarrel with the above proposition laid down by the larger bench. The Commissioner is undisputedly having powers to suspend the licence under Regulation 21(2) of the CHALR, 1984 but whether such a suspension order is fair or not in terms of the said Regulations is required to be looked into. Sub-Regulation 2 of Regulation 21 is to the effect that ".........notwithstanding anything contained in sub-Regulation (1), the Commissioner may, in appropriate cases, where immediate action is necessary, suspend the licence of Custom House Agent where an enquiry against the said agent is pending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r consent of the importer. Inasmuch as there are allegations and findings against the said CHA and the Commissioner by passing the impugned order has taken interim measures to avoid any further mischief by the said licencee, we find ourselves unable to find any fault with the impugned order. However, as laid down by the Larger Bench of the Tribunal in the case of M/s. Freight Wings and Travels Ltd. referred supra, the appellant is required to be given a post-decisional hearing as soon as possible and to pass an appropriate speaking order on the issue of continuation of suspension. Accordingly, we direct the Commissioner of Customs, Tuticorin to do the needful within a period of two months from the date of receipt of the said order, failing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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